JoAnn Eickhoff-Shemek - Rule the Rules of Workplace Wellness Programs

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Printed in the United States of America.

21 20 19 18 17 5 4 3 2 1

ISBN: 978-1-63425-778-7
e-ISBN: 978-1-63425-779-4

Library of Congress Cataloging-in-Publication Data

Names: Zabawa, Barbara J., author. | Eickhoff-Shemek, JoAnn M., author.
Title: Rule the rules of workplace wellness programs / Barbara J. Zabawa and JoAnn Eickhoff-Shemek, Authors.
Description: Chicago : American Bar Association, 2017. | Includes index.
Identifiers: LCCN 2016058983 (print) | LCCN 2016059741 (ebook) | ISBN 9781634257787 (softcover : alk. paper) | ISBN 9781634257794 (ebook)
Subjects: LCSH: Employee health promotionLaw and legislationUnited States. | Employee fringe benefitsLaw and legislationUnited States. | Labor laws and legislationUnited States. | EmployeesHealth risk assessment.
Classification: LCC KF3515 .Z33 2017 (print) | LCC KF3515 (ebook) | DDC 344.7301/2554dc23
LC record available at https://lccn.loc.gov/2016058983

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This book is dedicated to my family, who is always there for me: my husband, Branden; my children, Patrick and Vivian; and my parents, Gerald and Avila.

Barbara J. Zabawa, JD, MPH

This book is dedicated to my husband, Patrick. I am truly grateful for
his love, support, humor, and patience throughout this academic endeavor and many others.

JoAnn M. Eickhoff-Shemek, PhD

Contents

Acknowledgments

Barbaras Acknowledgments

I have learned that contributions to a book come in many forms. There are those who inspire you to write a book, those who encourage you to keep writing even when the finished product seems impossible, those who offer ideas to improve your book, those who offer support (financial or otherwise), those who offer to help with research or writing, those who agree to publish your book, and those who just help remind you why you are writing the book in the first place. I have many people to thank in each of those categories and I am certain that I wont be able to call out everyone by name. The names that come to mind, however, are my husband, Branden Zimmerman, who has the honor of helping in most of the categories listed above; my children, Patrick and Vivian, who sacrificed a lot of time without their mom so I could finish this project; the Wisconsin Chiropractic Association, and its Executive Director John Murray, as well as Turville Bay MRI and its Executive Director Barb Thiermann, for giving me the opportunity to dive into wellness law on my own; my co-author, JoAnn Eickhoff-Shemek, for offering to help and contributing some really fantastic ideas to the book; my wellness colleagues Amy Williams, Michelle Spehr, Patricia Lenius, Lisa Elsinger, Marybeth Herbst-Flagstad, Michaela Conley, and Carrie Aiken for their encouragement and validation on the need for the book; Joe Forward, for being eager to learn about wellness law and help the cause; the board members for Health Promotion Advocates, and Michael ODonnell in particular, for providing me insight into the health promotion field; the University of Wisconsin Law School and the University of Michigan School of Public Health for teaching me the skills that form the foundation of this book; the Watson Foundation and Lawrence University, for offering me the once-in-a-lifetime opportunity to travel abroad after my undergraduate term to study workplace wellness; and finally, my all-time favorite mentor, Louise G. Trubek, for always believing in my academic abilities and teaching me how to change the legal landscape through the written word.

JoAnns Acknowledgments

Given a 40-plus-year career as a fitness and wellness professional, there are many individuals who have helped and influenced me with academic endeavors such as this book, but I can only name a few here. First is Barbara Zabawa, a gifted writer who invited me to be her co-author for this groundbreaking book. I am so grateful for this opportunity and everything I learned from her about federal laws and wellness law while working with her throughout this effort. Second are those who have contributed to my legal education throughout my career, such as my PhD committee members at the University of Nebraska-Lincoln (UN-L), Drs. John Scheer, Charles Ansorge, Kris Berg, and Frank Forbes. With their guidance, they allowed me to design my doctoral program of study, which included completing law classes in the UN-L College of Law and a dissertation in the legal/risk management area. This wonderful educational experience led to many opportunities to learn from and collaborate with legal scholars such as Betty van der Smissen, JD; David Herbert, JD; and Drs. Dan Connaughton and Doyice Cotten; and being invited by Drs. Larry Golding and Ed Howley, EICs of the ACSMs Health & Fitness Journal , to serve as the legal columnist for this journal. Also, in the legal area, Id like to thank Patrick Keyser, Dean of the Law College at La Trobe University in Melbourne, Australia, who invited me to travel to Australia and contribute to the Australia Fitness Industry Risk Management (AFIRM) research projectan amazing learning experience. Third are the many pioneers in worksite wellness, such as Drs. Bill Baun, Paul Couzelis, and Nicholas Pronk, from whom I have learned so much by having the opportunity to work with them on several projects over the years. Finally, I would like to recognize my husband, Patrick Shemek, who continually encourages me; and my parents, Ralph and Hilda Eickhoff, who instilled in my brothers and me a strong work ethic and taught us, by example, the importance of living a balanced life and serving others. My parents were the epitome of wellness and they reaped the culmination of its many benefitsa long, happy, and healthy life.

Preface

This book attempts to tackle most of the major federal laws that affect workplace wellness programs. The book touches on some state-based laws, such as workers compensation, as well. However, covering each and every state law that may impact workplace wellness programs would take numerous volumes. As a result, readers of this book should be aware that, although this book aims to be comprehensive in its coverage of federal law, it does not tell the whole legal story because the book does not address most state laws.

Nevertheless, those who yearn for an in-depth examination of workplace wellness program compliance should find this book useful. The book refers to this audience frequently as workplace wellness professionals and organizations. Workplace wellness professionals include human resource professionals, corporate executives, and health promotion professionals, including health educators, fitness professionals, diet and nutrition professionals, health coaches, and traditional and alternative healthcare providers such as physicians, nurses, occupational therapists, chiropractors, massage therapists, acupuncturists, and naturopathic physicians, to name a few. These professionals may work for a workplace wellness organization, which may be a company that sponsors a workplace wellness program, a vendor or health insurer that offers workplace wellness program products or services, or a company that might be developing innovative tools for the workplace wellness industry. Entrepreneurs and technology professionals specifically may value the chapters on data privacy, mHealth, and FDA regulation of medical devices. Health and employee benefits attorneys who advise clients on workplace wellness program compliance may also find that this book serves as a valuable resource for their law practice. In addition, academicians who teach courses in health promotion, workplace wellness, or health law may want to adopt this book as a text for their courses.